LLB-II PUBLIC INTERNATIONAL LAW

1. Peaceful Settlement of
Disputes between states
Course: LLB II
Subject : Public International Law
Unit: 2

2. Settlement of Disputes between
states
• A. Peaceful means of Settlement or Amicable
settlement
1) Negotiation
2) Good Offices
3) Mediation
4) Conciliation
5) Enquiry
6) Arbitration
7) Judicial Settlement
8) Settlement under UNO

3. Arbitration (Non Litigation Dispute
Resolution)
• Parties often determine who will decide
what after the dispute arises.

4. DIPLOMACY
• The national participants do not
submit their disputes for resolution
by an “outside” third-party entity.

5. Litigation
• The court composition and power to
act are established before the
dispute arises.
1

6. Alternative Dispute Resolution (ADR)
• Negotiation: is completely controlled by the immediate
parties to the dispute. Negotiations between states are
normally conducted through diplomatic channel.
• Inquiry: is conducted by someone who is not a party to the
dispute and who attempts to provide an objective assessment
of the respective positions.
• Mediation: involves the assistance of an outsider who is not a
party to the dispute.
• Conciliation: ia third-party dispute resolution in a more
formalized setting than negotiation or mediation.
• Minitrial: the parties confront one another in a similar
context, however, and must verify their positions before a
neutral third party.

7. Arbitration
• Ad hoc Arbitration: there are no pre-established
rules and procedures predating the agreement to
arbitrate.
• Parties often determine who will decide what after
the dispute arises is Arbitration.
• Permanent Arbitral Entity, such as the Permanent
Court of Arbitration: are immediately available with
objective rules and procedures for resolving
international disputes.

8. The Permanent Arbitral Entities
• The Permanent Court of Arbitration: is not a court. Its judges
serve on small arbitration panels available for the arbitration
of inter-State dispute.
• The International Chamber of Commerce Court of Arbitration:
facilitates the arbitration of private business disputes.
• The International Centre for Settlement of Investment
Dispute: refers mixed arbitration disputes (between a State
and a private individual or corporation) to panels of legal and
business experts who arbitrate claims submitted to it.

9. Courts
1. The Permanent Court of International Justice
(the first World Court): resolves disputes
between states materialized after World
War I.
2. In 1945, the United Nations created a new
world Court and the companion Statute of
the International Court of Justice

10. The International Court of Justice (ICJ)
• The ICJ hears cases referred to it as follows:
1. As specifically provided in the UN Charter
2. As provided in the ICJ Statute
3. Under special international agreements
between nations

11. International Criminal Court (ICC)
• The ICC try individuals accused of the following:
1. Genocide, as defined in the 1949 Genocide
Convention
2. International and internal war crimes, “committed
as part of a plan or policy or as part of a large-scale
commission of such crimes”
3. Crimes against humanity, which are “widespread
or systematic” part of a plan or policy directed
against civilians.
(2)

12. Settlement of Disputes between
states
• B). Forcible or Coercive Settlement
• 1). Restorsion
• 2) Reprisals
• 3) Intervention
• 4) War

13. References:
• 1. . www.focolare.org
• 2. PART 2. JURISDICTION, ADMISSIBILITY AND
APPLICABLE LAW Article 5 Crimes within the
jurisdiction of the Court

14. Thank You